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Home My WebLink AboutChapter 685 - Smoking in Various Areas, Institutions and Businesses PROPERTY MAINTENANCE Chapter 685 SMOKING in various areas, institutions and businesses Article 1 INTERPRETATION 685.1.1 City- defined 685.1.2 Retail Shop - defined 685.1.3 Service line- defined 685.1.4 Smoke or smoking - defined 685.1.5 Proprietor- defined 685.1.6 Reception Area - defined Article 2 RETAIL SHOPS 685.2.1 Smoking prohibited- exceptions 685.2.2 Signs - display Article 3 HOSPITALS 685.3.1 Patient care area - smoking prohibited- exception 685.3.2 Other areas - smoking prohibited- exceptions 685.3.3 Smoking areas - designated by proprietor 685.3.4 Smoking areas - smoking permitted 685.3.5 Signs - smoking prohibited- display KITCHENER 685.1 NOVEMBER 1988 SMOKING 685.3.6 Signs - display 685.3.7 Patient- smoking - written permission required Article 4 BANKS,FINANCIAL INSTITUTIONS AND MUNICIPAL OFFICES 685.4.1 Service counter- smoking -prohibited 685.4.2 Signs - display Article 5 RECEPTION AREA 685.5.1 Establishment or office- smoking -prohibited 685.5.2 Smoking area - designated 685.5.3 Smoking area - smoking permitted 685.5.4 Signs - smoking prohibited- display 685.5.5 Areas - clearly designated Article 6 ELEVATORS AND ESCALATORS 685.6.1 Smoking -prohibited 685.6.2 Elevating Devices Act- not applicable- exceptions 685.6.3 Signs - display- areas clearly designated Article 7 SERVICE LINE 685.7.1 Smoking -prohibited 685.7.2 Signs - display Article 8 SCHOOL BUS 685.8.1 School Bus - defined NOVEMBER 1988 685.2 KITCHENER 685.1.1 SMOKING 685.1.1 685.8.2 Smoking -prohibited 685.8.3 Signs - display Article 9 THEATRES AND OTHER PLACES OF PUBLIC ASSEMBLY 685.9.1 Enclosed indoor area - smoking -prohibited 685.9.2 Smoking area - designated- signs 685.9.3 Smoking area - smoking permitted 685.9.4 Signs - display 685.9.5 Areas - clearly designated Article 10 SIGNS 685.10.1 Supplied by City-upon request Article 11 Enforcement 685.11.1 Fine- failure- neglect of duties 685.11.2 Fine- for contravention Article 1 INTERPRETATION 685.1.1 City-defined "City"means the City of Kitchener. KITCHENER 685.3 NOVEMBER 1988 685.1.2 SMOKING 685.2.2 685.1.2 Retail Shop- defined "retail shop" means a building or part of a building,booth, stall or place where goods are exposed or offered for sale by retail,but does not include a place where the only trade or business carried on is that of a licensed hotel or tavern,victualling house or refreshment house,nor a place where the only trade or business carried on is that of the custom blending of tobaccos,or sale of tobaccos, pipes, cigars or smokers' sundries. By-law 87-324, 23 November, 1987. 685.1.3 Service line-defined "service line"means an indoor line of two or more persons awaiting service of any kind,regardless of whether or not such service involves the exchange of money,including but not limited to,sales,provision of information,trans- actions or advice and transfers of money or goods.By-law 87-324,23 No- vember, 1987;By-law 88-138, s. 4, 18 July, 1988. 685.1.4 Smoke or smoking- defined "smoke"or"smoking"includes the carrying of a lighted cigar,a cigarette, pipe or any other lighted smoking equipment. 685.1.5 Proprietor-defined "proprietor"means the person who ultimately controls, governs or directs the activity carried on within the kinds of premises referred to in this Chap- ter,and includes the person actually in charge thereof: 685.1.6 Reception Area-defined "reception area"means the public space used by an office or establishment for the receiving or greeting of customers,clients or other persons dealing with such office or establishment.By-law 87-324,23 November, 1987. Article 2 RETAIL SHOPS 685.2.1 Smoking prohibited-exceptions No person shall smoke in any retail shop except in a part thereof used as a restaurant,lunch counter,hairdressing parlour,barber shop,rest room or a part used for offices by members of the staff,provided that"Offices"used in this Section does not include open service counter area.By-law 87-324,23 November, 1987;By-law 88-138,s. 5, 18 July, 1988. 685.2.2 Signs-display The proprietor of every retail shop shall ensure that a sufficient number of signs shall be prominently displayed so as to be clearly visible from all parts of each floor to which Section 685.2.1 applies. NOVEMBER 1988 685.4 KITCHENER 685.3.1 SMOKING 685.3.7 Article 3 HOSPITALS 685.3.1 Patient care area-smoking prohibited- exception Subject to Section 685.3.7,no person shall smoke in any patient care area in a hospital. 685.3.2 Other areas-smoking prohibited-exceptions Subject to Section 685.3.3 and 685.3.4,no person shall smoke in any area of the hospital(other than a patient care area)to which members of the public have access. 685.3.3 Smoking areas- designated by proprietor Smoking areas may be designated by the proprietor in the area referred to in Section 685.3.2 hereof(exclusive of places in which smoking is prohibited by the Fire Marshall or by other law,by-law, Chapter or regulation)pro- vided not more than 50 per centum of the floor area of the area so referred to shall be so designated and where so designated such area shall bear a sign or signs"Smoking in this area only". 685.3.4 Smoking areas- smoking permitted Where an area has been designated in accordance with Section 685.3.3, smoking shall be permitted in such an area. 685.3.5 Signs-smoking prohibited- display The proprietor of a hospital to which Sections 685.3.1 and 685.3.2 apply shall ensure that a sufficient number of signs shall be prominently displayed so as to be clearly visible from all parts of the patient care area or area to which members of the public have access, as the case may be. 685.3.6 Signs-display Theproprietor of hospital to which Sections 685.3.1 through 685.3.4 apply shall ensure that the signs required by Sections 685.3.5 and by Section 685.3.3 shall be conspicuously posted so as to designate clearly the areas in which smoking is or is not prohibited. 685.3.7 Patient-smoking-written permission required Notwithstanding the provisions of Section 685.3.1 and 685.3.2, a patient may be permitted to smoke with the written permission of the personal phy- sician of such patient. KITCHENER 685.5 NOVEMBER 1988 685.4.1 SMOKING 685.5.5 Article 4 BANKS, FINANCIAL INSTITUTIONS AND MUNICIPAL OFFICES 685.4.1 Service counter- smoking-prohibited No person shall smoke at any service counter in a bank,financial institution or municipal office. 685.4.2 Signs-display In every bank,financial institution and municipal office referred to in Sec- tion 685.4.1 hereof,the proprietor shall ensure that a sufficient number of signs shall be conspicuously posted so as to refer clearly to the service coun- ter referred to in Section 685.4.1 hereof. Article 5 RECEPTION AREA 685.5.1 Establishment or office- smoking-prohibited Subject to Sections 685.5.2 and 685.5.3,no person shall smoke in any recep- tion area in an establishment or an office. 685.5.2 Smoking area-designated The proprietor of an establishment or office may designate a smoking area in the reception area of the establishment or office(except for the reception area of an office where services related to health care are performed or when the total floor area is less than 9.3 square metres)provided that an area so designated may not exceed more than 50 per centum of the reception floor area and provided that the first 9.3 square metres is allocated for the non-smoking area. Where a smoking area is so designated, such area shall bear a sign or signs"Smoking in this area only". 685.5.3 Smoking area- smoking permitted Where an area has been designated in accordance with Section 685.5.2 smoking shall be permitted in such area. 685.5.4 Signs-smoking prohibited- display The proprietor of an establishment or office to which Section 685.5.1 applies shall ensure that signs shall be conspicuously posted so as to be clearly visi- ble from all parts of the reception area. 685.5.5 Areas-clearly designated The proprietor of an establishment or office to which Sections 685.5.1 and 685.5.3 apply shall ensure that the signs required by Sections 685.5.4 and by Section 685.5.2 shall be conspicuously posted so as to designate clearly the areas in which smoking is or is not prohibited. NOVEMBER 1988 685.6 KITCHENER 685.6.1 SMOKING 685.8.3 Article 6 ELEVATORS AND ESCALATORS 685.6.1 Smoking-prohibited Subjectto Section 685.6.2,no person shall smoke in an elevator or an escala- tor in any building or part thereof. 685.6.2 Elevating Devices Act-not applicable- exceptions Section 685.6.1 does not apply to elevators,escalators or similar devices to which the Elevating Devices Pict does not apply. 685.6.3 Signs-display- areas clearly designated The proprietor of any building or part thereof to which Section 685.6.1 and 685.6.2 apply shall ensure that a sufficient number of signs shall be conspic- uously posted so as to apply clearly to the areas regulated by the said section. Article 7 SERVICE LINE 685.7.1 Smoking-prohibited No person shall smoke in any service line on any premises. 685.7.2 Signs-display The proprietor of any premises to which Section 685.7.1 applies shall ensure that a sufficient number of signs shall be prominently displayed so as to be clearly visible to persons in the service line. Article 8 SCHOOL BUS 685.8.1 School Bus-defined "School Bus"means any public vehicle used for transporting children to and from school or to and from any activity, event or function associated therewith. 685.8.2 Smoking-prohibited No person shall smoke in a school bus. 685.8.3 Signs-display In every school bus,the proprietor shall ensure that a sign or signs shall be conspicuously posted so as to be clearly visible from all parts of the school bus. KITCHENER 685.7 NOVEMBER 1988 685.9.1 SMOKING 685.10.1 Article 9 THEATRES AND OTHER PLACES OF PUBLIC ASSEMBLY 685.9.1 Enclosed indoor area-smoking-prohibited Subject to Section 685.9.2 and 685.9.3 no person shall smoke in an enclosed indoor area being used as a place of public assembly. 685.9.2 Smoking area-designated-signs The proprietor of a place of public assembly referred to in Section 685.9.1 may designate an area not to exceed 50 per centum of the total floor area of such place of public assembly as a smoking area and where so designated such area shall bear a sign or signs"Smoking in this area only". 685.9.3 Smoking area- smoking permitted Where an area has been designated in accordance with Section 685.9.2 smoking shall be permitted in such area. 685.9.4 Signs-display The proprietor of a place of public assembly to which Section 685.9.1 ap- plies shall ensure that a sufficient number of signs shall be conspicuously posted so as to be clearly visible from all parts of the place of public assembly. 685.9.5 Areas-clearly designated The proprietor of a place of public assembly to which Sections 685.9.1, 685.9.2 and 685.9.3 apply shall ensure that the signor signs required by Sec- tions 685.9.4 hereof and by Section 685.9.2 shall be conspicuously posted so as to designate clearly the areas in which smoking is or is not prohibited. Article 10 SIGNS 685.10.1 Supplied by City-upon request Signs referred to in this Chapter shall be supplied by the City upon request. NOVEMBER 1988 685.8 KITCHENER 685.11.1 SMOKING 685.11.2 Article 11 ENFORCEMENT 685.11.1 Fine-failure-neglect of duties Any proprietor who fails or neglects to perform any of the duties imposed in Sections 685.2.2, 685.3.3, 685.3.5, 685.3.6, 685.4.2, 685.5.2, 685.5.4, 685.5.5,685.6.3,685.7.2,685.8.3,685.9.2,685.9.4 and 685.9.5 is guilty of an offence and shall be liable,upon conviction,to a fine not exceeding Two Thousand Dollars($2,000)for each offence exclusive of costs,recoverable under the Provincial Offences Act. 685.11.2 Fine-for contravention Every person who smokes in contravention of this Chapter is guilty of an of- fence and is liable,upon conviction,to a fine not exceeding Two Thousand Dollars($2,000),exclusive of costs,for each offence,recoverable under the Provincial Offences Act.By-law 87-324,23 November, 1987. KITCHENER 685.9 NOVEMBER 1988